Asked by The New York Times in 2005 what today-taken-for-granted idea or value he thinks may disappear in the next 35 years, Professor Peter Singer, the Professor of Bioethics at Princeton University's Center for Human Values, responded: "the traditional view of the sanctity of human life." It will, he explained, "collapse under pressure from scientific, technological and demographic developments."
This past January 30, the College of Physicians and Surgeons of Manitoba, Canada issued a policy statement that may come to permit the professor to add "prophet" to his curriculum vitae.
In that document, the governing body of the Canadian province's medical profession directs that doctors have the final say with regard to ending life-sustaining treatment of patients – regardless of the wishes or religious beliefs of the patients or their families. It also establishes a baseline for justifying life-sustaining treatment – including a patient's ability to "experience his/her own existence" – below which a doctor is directed to end life-sustaining treatment, regardless of the wishes of the patient's family. The new policy paper has garnered much attention, and may well have ramifications throughout Canada and, conceivably, elsewhere.
Underlying the document – saturating it, actually – is the premise that ending a human life is a medical decision, not a moral one. Or, alternately, that medical training somehow confers the ultimate moral authority to pass judgments on the worthiness of human lives.
Doctors, for all their training, are no more inherently qualified to address ethical issues than CEOs or plumbers.
Either contention is offensive. A foundation of what has come to be called civilization is that people are not mere things or even animals, that human life has a special, sacred, nature. Historically, the right to take steps to end a life has been regarded first and foremost as an ethical issue, not a medical one. And doctors, for all their training, are no more inherently qualified to address ethical issues than CEOs or plumbers.
As it happens, the Manitoba policy goes beyond the ethical dumbing down of life and death decision-making. It actually betrays a preference for ending patients' lives. For while it gives physicians the final say (even against the family's wishes) for terminating life support, it puts the final decision (literally) in the family's hand when the family feels the patient should die and it is the doctor who feels otherwise. In Manitoba medicine, it seems, death is the desideratum.
That contention is further evident in the Manitoba policy statement's self-awareness baseline, which exemplifies the pitfalls of what might be called iatro-arrogance – or, put more prosaically, medical chutzpah.
Last year, the prestigious journal Science published a report on a young woman who was declared vegetative. For five months, she showed no signs of awareness whatsoever. Scientists, though, decided to put her in a Functional Magnetic Resonance Imaging scanner, a machine that tracks blood flow to different parts of the brain and that was only developed a few years ago. When they asked her to imagine things like playing tennis and walking through her home, the scan lit up with telltale patterns of language, movement and navigation indistinguishable from those produced by the brains of healthy, conscious people. The report's authors, while stressing that the patient may still be classified as "unconscious," conclude nonetheless that she has a "rich mental life."
That young woman seemed entirely unaware of her environment. Only the development of a new diagnostic technology revealed active brain function. Is it unreasonable to wonder what future technologies might yet be developed that will detect other layers of human consciousness? Or what layers might forever elude scientific instrumentation?
And then there is the misguided assumption of medical infallibility. In Calgary last year, doctors were ready to pull the plug on Zongwu Jin, who had suffered a brain injury. After his family obtained a court order to maintain life support, Mr. Jin's condition improved markedly and he is now doing exercises aimed at helping him walk again.
More recently, doctors at Manitoba's own Grace Memorial Hospital sought to disconnect Samuel Golubchuk from the ventilator that was helping him breathe, claiming that he was unconscious and unresponsive – presumably never to recover. Mr. Golubchuk's children, Orthodox Jews whose religious convictions opposed terminating their father's life, promptly sought and obtained a court injunction. The judge in that case recently announced that there were sufficient grounds to doubt the hospital's analysis of the patient's condition, and Mr. Golubchuk's children report that he is now alert and making purposeful movements.
Neither those cases, nor scores of similar ones, seem to have given the Manitoba College of Physicians pause before arrogating to doctors the final say in matters of life and death. One thing is certain: In the wake of Manitoba medicine's new rules, physicians in that province will in the future be spared such embarrassing outcomes. Dead patients tell no tales.
Elephants sometimes do, though, albeit silently. Like the imposing one that lurked in the room where the Manitoba medical group crafted their new policy statement. It was the pachyderm that answers to the name of Professor Singer's polite phrase: "demographic developments."
We live in times when the elderly and diseased are rapidly increasing in number, and where the medical profession has made great strides, increasing longevity and providing cures for many once-fatal illnesses. Add skyrocketing insurance costs and the resultant fiscal crisis in health care, and life runs the risk of becoming less a holy, invaluable divine gift than... a commodity.
And every businessman knows how important it is to efficiently turn over one's stock, clearing out the old to make way for the new. Apparently, doctors can learn that lesson too.
Making things worse still is the great and increasing demand for transplantable organs. A doctor in California currently stands charged with injecting an incapacitated patient with inappropriate medications in order to harvest his organs more quickly. No one knows how often similar things happen – or will happen if society becomes accustomed to allowing doctors to decide when a life is no longer worth living.
Judaism considers life precious, indeed holy, even when its "quality" is severely diminished.
What does Judaism have to say about all this? Far more than can be summarized in a paragraph or two, to be sure, but certain guiding principles can be briefly stated: Jewish religious law, or halacha, does not always insist that life be maintained; in some cases of seriously ill patients, Judaism forbids intercessions that will prolong suffering. But the active removal of connected life-support systems or withholding of nourishment are another matter entirely. Halacha requires that death be clearly established, and does not permit any action that might hasten the demise of a person in extremis.
Put succinctly: Judaism considers life precious, indeed holy, even when its "quality" is severely diminished.
Quite a different approach from that of the Manitoba College of Physicians and Surgeons. Or from Professor Singer, who has supported the termination of what he calls "miserable beings" – people whose lives he deems devoid of pleasure.
And even as grise an eminence as The New York Times has euphemistically advocated "more humane policies for easing the last days of the terminally ill" – leaving the rubbery phrases "humane policies," "last days" and even "terminally ill" for future clarification.
That may well be, as Professor Singer suggests, the wave of the future. But Judaism was born out of resistance against wrong. Abraham's rejection of paganism was what merited his becoming the forefather of the Jewish people; he was willing, in the words of the Midrash, "to be on one side of the river, while the rest of the world was on the other."
And so, Judaism today finds itself similarly standing opposite a world going mad. Amid the shouts of "Progress!", "Science!" and "Fiscal Responsibility!", Jews who care about their religious tradition must quietly, resolutely, stand the Jewish ground, and say: "No. Even a moment of human life is invaluable."
Copyright 2008 Am Echad Resources
(18) Anonymous, March 6, 2008 1:31 PM
"Last year, the prestigious journal Science published a report on a young woman who was declared vegetative. For five months, she showed no signs of awareness whatsoever. Scientists, though, decided to put her in a Functional Magnetic Resonance Imaging scanner, a machine that tracks blood flow to different parts of the brain and that was only developed a few years ago. When they asked her to imagine things like playing tennis and walking through her home, the scan lit up with telltale patterns of language, movement and navigation indistinguishable from those produced by the brains of healthy, conscious people. The report's authors, while stressing that the patient may still be classified as "unconscious," conclude nonetheless that she has a "rich mental life."
This paragraph for me is not an argument against terminating life support systems. In my opinion, this situation optimizes why people should not be kept alive in this manner.
If this woman was truly unconscious, at least keeping her "alive" would not cause her any pain. However, she seems to be aware of what is going on around her. Can you imagine the torture that such a woman must be experiencing every moment of every day trapped in her body without any sort of human interaction, without any possibility of achieving goals or dreams? How do we know that she is not also experiencing excruciating physical pain? Such a fate is far worse than death, and I can't imagine a single person choosing to live this way. I'm sure she does have a "rich mental life-" one rich in vicious nightmares, insanity, indignity, and despair. I don't think anyone would dream of doing such evil to an animal. Why are we willing to do it to a human being?
Life support is not natural. There may come a time when science has the ability to keep someone's heart beating and neurons firing for a thousand years while they sit in a coma, their bodies and spirits destroyed. I wonder, would the author of this article support such a practice if it became available?
Moreover, the suffering of the patient aside, there are economic considerations whether we like it or not. In Canada there is socialized medicine. That means that there is a limited amount of money for the government to spend on health care. Every terminal patient that is kept alive for years in excruciating agony, indignity or unconsciousness, is one less child, mother or father that is able to receive the life saving treatment they need to survive.
I have a deep respect for Judaism and its respect for life. Modern science however has produced machines that can keep people alive in a comatose state for years that would surely have died in any other period of history. To keep people tethered to this earth in a state of torture long after they should have been granted the peace of death is a great sin. This sort of meddling with the will of God does not show a respect for life, it makes a mockery of it.
(17) callie, March 6, 2008 11:25 AM
If I was that woman...
If I was the woman whose brain worked but was stuck in a body that no longer functioned without any means of communication I sincerely hope my family would love me enough to pull the plug. I cannot imagine a worse fate than being a prisoner in my own body. Just lying there all day.... brain on but nothing to stimulate it except silent prayers asking H-sh-m why me? Why her case is used as a reason to keep everyone on ventilators is beyond comprehension.
I agree that the patients' and their families have a say in whether or not life prologing treatment be administered but the doctors need to be listened to as well. While we can think of anectodal evidence in regardss to the few cases where the doctors were wrong what about the many thousands where they are right?
I have heard of parents keeping children who are lifeless puppets on respirators for years. Children who have virtually no brains except for their brain stem... the part that processes pain. And what about Terri Schiavo who after everything was said and done had a brain that was virtually non-existant. Her parents claimed she was alert and responsive... in the end their claims were nothing more than delusions and lies.
I wonder about all the people who die every day b/c medical care has become so insanely expensive that it is out of their reach. No one really mentions that in these discussions. No one mentions the 35 yr old single mother whose cancer was diagnosed too late to save her b/c her company doesn't provide medical insurance (probably b/c insurance is outrageously expensive)
What if we spent the money we use to keep people who will never recover breathing via artifical means and forcing food down their throats wtih tubes on getting preventative care to the people who can be saved? Or are their lives not valuable b/c they are poor or disenfranchised?
(16) Nancy, March 4, 2008 7:41 PM
Decisions need to be ethical and timely
I am a child neurologist, so sometimes need to tell families that their child has a disease with an expected poor outcome. Twenty years ago, families were more likely to choose to avoid ventilators, if they knew there was a good chance that their child would never come back off ventilation. I now have two patients on constant ventilation, portable, who seem to be enjoying life. One child finger spells rapidly and is a good student, the other writes and uses sign language. If life support is to be denied, it seems to make sense for the family and individual to decide before the ventilator is attached, if they want to risk dependence. It is scary to have doctors making decisions to disconnect people who are awake and inter-active, just because they need the bed. The Brave New World is no longer science fiction. I would rather trust my life and death to a rabbi and my family than to an ethics expert. There main role, today, seems to be justifying euthanasia. Chose life.
(15) lzzie, March 4, 2008 5:52 PM
Many seem to misunderstand the Manitoba policy
Many of those who have posted so far seem to misunderstand what is involved with the Manitoba policy and the Golubchuk case. In the Golubchuk case, ICU doctors wish to end the life of a man who is awake, alert, and unable to communicate verbally (apparently due to an old brain injury). They are doing this without the patient requesting it, and against the express wishes of his children. This would be in violation of centuries of Western law and custom related to patient autonomy. People's fundamental right to autonomy precludes someone from harming them, such as killing them. To kill someone who is disabled is still murder.
The Manitoba policy would give doctors the sole authority to end the lives of a patient, without any recourse by the patient or his legal guardians. That too is quite frankly murder.
Read any book on euthanasia policies in the 1930s in Europe. Some of the parallels are shocking.
It is beyond my comprehension how people cannot see this for what it is: a grave threat to the very lives of defenseless, innocent people. Convicts on death row have more rights than those of patients in Manitoba, according to this radical new policy.
I beseech readers to think long and hard whether they wish to have their human rights taken away, by a policy which permits--nay, instructs--doctors to kill disabled patients.
(14) Deborah, March 3, 2008 10:16 PM
misdirected
I was disappointed by this article, and I would have hoped Aish.com would show better judgement in deciding which articles to publicize. As a medical student, I see on a daily basis the catastrophic consequences of futile end-of-life care. To keep an individual on life-support indefinitely is cruel. It is also a waste of precious resources. I do not happen to agree with Peter Singer's utilitarian philosophy of life, but nor do I believe that life should be prolonged simply because we have the technology available to keep someone's heart beating indefinitely. Physicians are not infalliable, but thank gd some of them do have the chutzpah to stand up to families and clergy who want to prolong the pain and suffering of their "loved" ones.
(13) Rachel Garber, March 3, 2008 9:29 PM
With all due respect
I am in total agreement with the fact that Ivy League universities have hosted or have on their faculty, some very reprehensible people, but I fail to see the connect with this article. The tragedy that is the topic of this article is taking place in Canada, and Professor Singer, was interviewed by yes , the horrible NY Times. However, I fail to understand why Columbia and Harvard were brought up. As evil as the men named are, we really don't know what their position is on this situation. And by the way, only one of the authors of that book was from Harvard, the other is from University of Chicago, a minor point, but U of C is not in the Ivy League.
(12) Ruth Housman, March 3, 2008 9:53 AM
dangerous territory
I think that all black/white statements with reference to human life, in terms of "Policy" are dangerous because life itself, this journey, is experienced differently by each of us and we are also part of a web that includes others. I think it dangerous to put all decisions about death in the hands of doctors and, in fact, I do believe that we need to think about quality of life, the wishes of the person who is dying, what they would be IF they could express them, about intractable pain, about mercy, and about hope as well. I think these are always, at "best", agonizing decisions and playing God would involve examining each one, fully aware of the consequences and yes, also what's precious about life, what can yet be lived and the difference between having to endure those moments before the last versus the ability to appreciate them. Now certainly science is telling us something deep about coma and about our assumptions about consciousness. So these are now even more difficult decisions and must be weighted, each one, with compassion and love as the best guideline. We will make mistakes. We will regret our actions. It's the best we can do. Let no decision rest with ONE person and certainly doctors should not have that final mandate but rather, input. We do consider finances and who has to foot the bill. The equation is fraught with difficulty and with considerations.
How interesting that JURY and INJURY seem to be related words? Has anyone seen this except me?
(11) Rosen, March 3, 2008 6:44 AM
response to Vivian and Anonymous
I was speaking primarily in the context of deadly cancer. I had a relative who recently passed away due to stage-4 lung cancer, and the rabbi at the funeral gave a eulogy, which I and most others there thought put into context life, death, and living with pain. He said that it was better to pass away than suffer with agonizing pain. It wasn't too long before this relative of mine passed away, which was sad and bittersweet.
Everyone takes pain differently. As for disability, anonymous, it is not necessarily the physical disability you have, but moreover your good attitude which keeps you alive more. I came across an interesting saying that "Attitude is the real disability." Thus, it all depends on the will-power of choosing to live, which I see you have a good attitude to choose life over death (even from physical pain).
Vivian, there is a difference between the genocide in the holocaust and the decision doctors have to make, which is almost always difficult on whether one suffering from a painful illness should be put down or give life support. Depending on the circumstances of when someone wants to either live or pass away, depends on their attitude and willingness to go on in life.
Every individual and situation is different, and it all depends on whether one's will is to live on or pass away.
It just made sense to me that the saying, "attitude is the real disability", because I can understand that those with physical disabilities can still receive treatment and live a well-suited lifestyle as they do not try to let their disability get in the way, either physical and/or mental. Thus, if you can enjoy life, the less you would feel or think about pain.
Hope my response clears things up for you on living.
(10) David Waldman, March 2, 2008 10:25 PM
I would like to comment separately on the case of my father and Mr. Golubchuk. ( I live in Winnipeg.)
My father had a stroke, and after waiting for a period of time to see how much he would recover, the doctors and nurses called in me and my two brothers to advise that there had been no improvement, and there was not likely to be any. They recommended that intravenous life support be withdrawn.
My father had always told the three of us that he didn't want to end his days helpless in a hospital bed, so we knew beyond a doubt what he wanted. Also, with the little bit of movement of one arm, he drew, or would try to draw his finger across his throat.
We asked the doctor how long it would take him to die, and the doctor replied that it depended on his heart, but it could be a short period of time, or over two weeks for the lack of fluid to throw his blood electrolytes out of whack and he would have a heart attack.
My father lasted over two weeks of what I can best describe as constant agony, equal to the worst torture a person can imagine, relieved to some degree by morphine.
In spite of the doctor's orders to the nurses give him slightly more morphine than the minimum necessary to stay ahead of the pain, the nurses were afraid to give him too much morphine for fear of being accused of killing him. So the pain would break through and we'd have to run and go and ask them to speed up the pump.
To say that we were very upset to see this proud and intelligent man who we loved suffer so much for so long is a gross understatement. We asked the doctor why, if we're killing him anyway by withdrawing life support, why can't we do what we would do for an animal, i.e., overdose him and let him slip away peacefully. I must have been forceful because the doctor told me that if I touched the pump, he'd have me charged with murder.
In my opinion, the torture of my helpless father was stupid, and I blamed the Catholics for once again imposing their interpretation of the Bible on me, i.e., they do not want to interfere with God's will. (This is the same assinine answer they give us for denying birth control and condoms to people in poor countries so that 28,000 helpless innocent children can die every day of preventable causes based in malnutrition. (That makes them the largest mass murderers of all time.) I wonder if I could also blame religious nuts like you for this.
Now Mr. Golubchuk: What ever happened to fulfilling the Jewish belief in God's will? Are we to use any means possible to keep people alive filling hospital beds and costing us a fortune where where there is no hope of recovery? Since we can do that, it is stupid beyond belief to imagine such a scenario. I would argue that if someone wants to do such a thing, let them pay to take him from the hopital into an intensive care unit that they have created and let them pay for it.
The fact is that doctors are the only ones who can judge when life has come to an end. Are they perfect? No more than you.
I believe more than most people in the sanctity of life, because it has always greatly troubled me more than I can say to know that 28,000 children die every day, to say nothing of the the suffering of their parents who have to watch helplessly as their children waste away.
Please think this over again, and this time use the little bit of brains that God gave you.
(9) Rachel, March 2, 2008 6:26 PM
Ivy Leage Universities??
It's amazing how morally retarded our Ivy League universities are. Princeton with this death loving Prof. Singer, Harvard with the Israel-lobby bashers at the Kennedy school, and Columbia with Ahmadinijad, to name just 3. Most common, ignorant people probably have a much keener sense of right and wrong.
(8) Jane, March 2, 2008 4:08 PM
Misnomer
To call discommecting means to extend life beyond normal life span to while trying to determine if there are any treatment that could assist someone recover, or to see if the body can heal itself, when it has been determined that indeed the body cannot heal itself, medicine has nothing to help the person recover, cannot be called "ending" someone's life, making it synonomous to "killing" someone. This is a distortion of reality. If this tack is taken, then medical providers must necessarily be much more judicious about implementing the use of "artificial" means of sustaing life. I do not feel this article is written with true honesty. It seems to be a distortion to fit an opinion, rather than an opinion reached after an evaluation of all of the facts. So, I respectfully disagree.
(7) Anonymous, March 2, 2008 1:31 PM
Response to Rosen
I have a physical disability - one which causes a severe amount of pain. Pain which I have to accept as a part of life. Do you think I should be better off dead? Every moment of my life is a blessing - pain or no pain, and I plan to live it as fully as I can until my Creator calls decides otherwise, (or I am "humanely put to sleep").
(6) Israel, March 2, 2008 12:07 PM
Bravo to Rabbi Shafran, but need for much more
Rabbi Shafran deserves to be commended for his essay. He is one of the few spiritual or moral voices in the face of the evil called the Manitoba policy, which seeks to give doctors the exclusive right to end people's live--i.e, to kill.
Jews worldwide look forward to responses from other leaders as well as Jewish and non-Jewish organizations.
What is the point of organizations like the Anti-Defamation League, the Canadian Jewish Congress, etc, if not to protect the human rights of people like this poor, elderly Jewish man?
Write to your Jewish organization, and find out what they are doing to help this family. Have they sent out emails? Contacted the media? Started a collection to help the family with its legal struggle? Done anything? Done nothing? Has your shul done anything? If not,why not?
If you are not Jewish, contact YOUR organizations and ask them where they stand on this issue.
The issue here transcends religion. It is about human rights, the right to be kept alive, the right not to be killed because some stranger deems your life not worth living. We who have lived in the 20th century know where such ideologies can lead.
While silence is often called golden,
silence in the face of evil is not golden.
Speak up, support the family (they have a website, apparently, called "Save Sam Golubchuk"), and be able to say to your family and children, "I was not silent in the face of evil."
(5) Anthony P. Marino, March 2, 2008 10:53 AM
Life is precious and holy.
As an individual who is active in "respect Life" activities, it is very comforting to know that I stand on the same side of the river with my Jewish brethren.
(4) elana, March 2, 2008 10:12 AM
end of life
I'm a nurse and I always see these patients who will never get better but are slowly being tortured to death by technology. They lie in bed, day after day, developing ulcers that you can put both your fists in, moaning in pain, cannot move or do anything. My heart goes out to them because we are keeping them alive needlessly, by tube feeds and vents, etc. This is not life. This is not a gift. Better to die peacefully instead of this miserable suffering and slow torture. Try to lie in bed for a week and see how you will feel. It is so important to have a health care proxy or a living will to state your wishes before something like this happens. I don't know if Jewish law allows a living will? But if it does, every person should have one!
(3) Ron Hillberg, March 2, 2008 10:06 AM
It's the economy.
I think it comes down to where resorses are best spent. If I'm 80 with little chance of recovery money is better spent on young who have a chance of a productive life.
(2) Vivian, March 2, 2008 9:26 AM
response to Rosen
So,according to your standards-pain is more of a reason to commit murder-(let's call a spade a spade). Who are youto decide who will live and who will die? Did the people that survived the Holocaust who suffered who knows what kind of unimaginable pain deserve to be put out of their misery? Or people who were tortured in Siberia they also suffered pain-should they also be "put out of their misery"?We did not choose when to be born and therefore cannot decide when to die.The Creator of the Universe has a plan for every creature and therefore we dare not play that role,even if ,from our extremely limited understanding,the person is suffering and not"enjoying life". As if life is one long joy ride. That's an extremely immature perspective.
(1) Rosen, March 2, 2008 7:33 AM
death vs. painful living
Many or some would agree that it is better to die than suffer from physical pain like cancer. Pain is not living - a healthy, well-suited, enjoyable life is.